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My mom named me her agent on a durable POA for all real and tangible personal property and highlighted at the end that it went into effect immediately (Dec '13) and was to "CONTINUE UNTIL REVOKED" - in all caps . Mom got her wings last April. After I refused to sign a letter of... View More 
answered on May 3, 2020
A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.
Unfortunately, the executor(my grandmother) of a college fund left to us by our great grandmother is estranged to my siblings and I due to my parents' divorce and our choice to be with my mother for 100% custody after a 50/50 arrangement for 3 years when I was in middle school. 2 years ago,... View More
answered on Apr 20, 2020
Since there is no 'one repository' of 529 plans you won't find 'one place' to look for the information you seek other than your relative who has the information.
Short of that (and mending fences with family is RARELY a bad idea for non-legal reasons -- so DO... View More
We have two children and need to appoint guardianship in the event of our death, as well as distribute our life insurance properly.
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answered on Mar 27, 2020
It sounds like you are a married couple and your plan of distribution at the first death is "survivor takes all". That being the case, utilizing death beneficiary designations or joint tenancy with survivorship title holding is effective to vest ownership in those assets in the survivor.... View More
answered on Mar 23, 2020
It depends on what form of ownership you owned the trailer in with your dad. Joint tenants with right of survivorship? Tenants in common? If the former, the trailer passed to you alone upon your father's death. If the latter, you own only 50% of the funds from the sale, and your father's... View More
My husband's uncle passed away with no will, no spouse and no children. He is proceeded in death my his parents and one brother. How I read the law is that the inheritance goes to the 2 surviving siblings and the children of the deceased brother. Am I reading that correctly.
answered on Mar 16, 2020
That is probably correct but there is a lot more to it than that and the probate process is very technical.
I’d urge you to consult with a local probate attorney to insure you follow the process properly and avoid problems.
— this is offered for information only and does not... View More
answered on Mar 12, 2020
If one has not already been open, and you are an heir, you can petition to open a probate estate. You'd probably want to open it as a formal proceeding given that it will likely be contested. You would need to serve notice on the wife because she would have priority for appointment as PR. And... View More
My mom was going through court with her dead husband's kids so to protect this house she added my brother to the deed because I live in another state. Now he is fighting me even though he know what my mom wanted and won't split the profit from the sale. Do I have a case?
answered on Mar 12, 2020
I'm sorry to hear of you loss and I'm even sorrier you mom did not seek legal help before placing your brother's name on the deed.
Unfortunately, what your mom "wanted" is not as important as what she did legally. LEGALLY, it appears, she put your brother's... View More
Others tell me, that my siblings children are entitled to a portion of of my mothers property
answered on Mar 10, 2020
It depends on whether your mother left a will. If she did, maybe some of her property was supposed to go to your deceased siblings and/or their children. Otherwise, if there was no will, the property would pass to surviving children, ie you. For further information, consult with a probate attorney... View More
Just some guidance what to do next
answered on Mar 5, 2020
A person in possession of a deceased person's will has a legal duty to forward the will to the Probate Court in the county where the deceased person last lived. You could check with the Probate Court and see if a will is on file. Also, if you are a designated beneficiary under a trust, you... View More
In October 2018 mom then changed all assets into her name. Is that will from 2010 still valid. Am I still the executor since step dad passed away, and Mom converted everything to her ownership. My stepdad did disinherit his natural children and it was stated in the will. He named myself the oldest... View More
answered on Mar 1, 2020
The will is valid. The question is whether there is any property owned by your deceased stepdad that requires probating. If all your stepdad's property was jointly owned with your mom with survivorship rights, then the property would pass to your mom automatically and the will may not need to... View More
disinherited from a legal will in Michigan, the will was just mailed out... There is a lawsuit filled against the hospital and was wondering if I can collect from that.
answered on Feb 28, 2020
To the extent the ESTATE has a lawsuit, if you are validly excluded from the will, you too have no claim. If YOU personally also have a cause of action that may not be the case. To know for sure however, it would require an actual consultation with a local attorney to review all the facts and... View More
answered on Feb 26, 2020
Possibly. He would probably need to be able to show that the payments were a loan to your brother, and not a gift. Also, stepfather would need to file a statement and proof of claim in brother's estate. For further assistance, consult with a probate attorney in your area.
to my dads guns, jewelry, shaver , and things like that
answered on Feb 18, 2020
What does the 'trust/will' say about this? Because you are the only son it does NOT mean you're entitled to specific items unless there is a will that says so. And without seeing the documents it is impossible to answer these sorts of questions.
Gather up the paperwork, and... View More
My mother in law had a 50K life insurance police she passed in November and my father-in-law was the beneficiary. He died 43 days later before the policy paid out (check just came) does the money go into probate or go to the children?
answered on Feb 11, 2020
The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.
We had a lawyer try and do a small estate as the estate value was less than the $22000 allowed in Michigan but it was denied, Would that be because my brother is also on the deed it has to go to probate?
answered on Feb 6, 2020
Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can... View More
He has 1 sister and 1 brother. They want me to be executor as I have experience (I’ve done this before). Sister does not agree with them and does not want me to do it. If the 2 brothers agree and sister does not, what do we do?
answered on Feb 4, 2020
The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested... View More
distributed.. My inherited home (only) remained in the estate until I sold it in 2020 with permission from the court. Must I file taxes for the last six years for the estate? There was a little over 100k gained. Do I have to pay taxes on the sale? I did have to open an estate account recently for... View More
answered on Feb 3, 2020
An estate is required to file a retuen any year it has $600 or more in income.
The property sale is reportable. It'll depend on the gain on sale whether it's taxable. It sounds like the estate sold the property 6 years after date of death so you'll likely have some gain on... View More
I am my mom's only biological child and my stepdad has 3 kids (all adults). My stepdad is the beneficiary of her life insurance and all assets are jointly owned. My stepdad said that when he passes I would get a portion of what they owned and would be split amongst the 4 of the children. Would... View More
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answered on Feb 1, 2020
The outcome you want will not happen automatically. The only way to guarantee such an outcome would be for your mother to see an experienced estate planning attorney and have a proper estate plan drawn up that protects your inheritance.
The scenario that you worry about is common in... View More
The account is listed in the trust but no beneficiaries are listed. I have the trust in hand with all notarized documents and the death certificate. The Bank is telling me that I need a letter of authority to get access to the funds. There is nothing on file at the Van Buren County probate Court.... View More
answered on Jan 27, 2020
You do not need letters of authority. That is for a probate estate. If the bank account was already owned by the trust, then what you likely need is a signed acceptance of successor trustee, showing that you have taken over as trustee and accept your obligations as trustee of the trust. The exact... View More
answered on Jan 21, 2020
If I understand your question, you're asking what happens to an irrevocable trust if it no longer has any assets? The trust normally could be closed, unless the trust might obtain property or money in the future (for example, if the trust is the beneficiary of a life insurance policy, or of... View More
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